Raj Kumar vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioner is a contractor duly registered with Nagar Palika Parishad, Sitarganj. According to him, he was awarded contract for certain civil

construction work, which he completed, but payment due for the said work was not made to him.

By means of this writ petition, petitioner has sought the following relief:-

(i) Issue an order, direction or writ in the nature of mandamus directing the concerned respondent authority to release the outstanding dues of the

petitioner with interest with regard to the work done by petitioner as mentioned in the Annexure No.1 and 2 of the writ petition, keeping in view the

facts highlighted in the body of the writ petition.â€​

Mr. Yogesh Pacholia, learned counsel for Nagar Palika Parishad, Sitarganj was asked to get instructions. Today, on instructions, he submits that

petitioner has completed the civil construction work, but payment has not been made to him as the Junior Engineer, serving in Nagar Palika Parishad

Sitarganj, has been arrested and is under incarceration. He further submits that in the absence of measurement of the civil construction work done by

the petitioner; no payment can be released to him.

Mr. Yogesh Pacholia, learned counsel for Nagar Palika Parishad, Sitarganj further submits that a request has been made on behalf of Nagar Palika

Parishad, Sitarganj for posting of a Junior Engineer at Sitarganj, so that civil construction undertaken by the Nagar Palika Parishad, Sitarganj, may not

be adversely affected.

Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to the Director, Urban Development, State of

Uttarakhand-respondent no.2 to make some alternative arrangement to ensure that services of a Junior Engineer are provided in Nagar Palika

Parishad, Sitarganj. Such alternative arrangement shall be made within two weeks from the date of production of certified copy of this order. Once

the Junior Engineer measures the civil construction work done by the petitioner, the Competent Authority shall make necessary calculation regarding

amount payable to the petitioner and the amount, so calculated, shall be released to the petitioner as early as possible, but not later than five months

from the date of production of certified copy of this order.